PeteJ

Hi

Assuming my employment authorization actually comes through (e-filed - BIG MISTAKE!!!) I now have a job, but cannot start until they get my EAD to me. Are there any special forms that the employers have to fill in because I am not a citizen?

Thanks

Pete

Gasherjohn

I believe all new employees are asked to complete an I-9 which declares their legal status. It might be possible for you to complete the section that says you have applied for and will be getting an EAD within 90 days, if you have a receipt for your application.

This appears to be a bit of a grey area and others may be able to advise more fully.

John

Gasherjohn

Link to the I-9 form:
http://www.immigration.gov/graphics/.../forms/i-9.htm

Andy Platt

Everyone has to fill out an I-9 (citizens, permanent residents, EAD holders,
everyone). That's the form that will stop you from working until you have
that EAD! Unless there's any specific requirements for your state and no
security issues there shouldn't be any other differences. Perhaps there
could be with insurance but I certainly haven't run into that.

Andy.

--
I'm not really here - it's just your warped imagination.

"PeteJ" <member@british_expats.com> wrote in message
news:[email protected]...
    > Hi
    > Assuming my employment authorization actually comes through (e-filed -
    > BIG MISTAKE!!!) I now have a job, but cannot start until they get my EAD
    > to me. Are there any special forms that the employers have to fill in
    > because I am not a citizen?
    > Thanks
    > Pete
    > --
    > Posted via http://britishexpats.com

PeteJ

On the instructions page of the I-9 it states:
"If employees are aurthorized to work but are unable to present the required documents within 3 business days they must present a reciept for the application of the documents within 3 business days and the actual documents within 90 days."

Does this mean that a BCIS reciept for my EAD from NSC in Missouri would suffice for 90 days?

Gasherjohn

I will be trying it if I get a job before the EAD, but it is a grey area as I said and, ultimately, it will depend upon your employer accepting it.

John

robclews

That statement applies to renewed EAD's not the first one. I asked my congress person to expand this for me and his answer was that after discussion with BCIS, it was clear that anyone waiting for their first EAD ( even after a temp 90 day EAD) cannot use the cover of the 90 day production of doccuments on the I-9.

This means simply that after entry on a K1, after marriage and application for an EAD, you cannot satisfy the requirements for work until you have the EAD in your hand.

Sorry

Rob

Gasherjohn

I know this topic has been discussed before Rob, but the conclusion that others have mentioned was that ultimately it is up to the employer if he is willing to take the risk.

If I can convince an employer that the receipt is sufficient before I get my EAD then I will do it.

John

PeteJ

What are the implications of that for me and the employer if you can convince your employer that the reciept is enough then provide the EAD within 90 days and they let you start employment?

Gasherjohn

Download the Employers Handbook M-274 on this link (it's a large pdf file):
http://www.immigration.gov/graphics/...k/hnmanual.htm
and look at Part 5 and the good faith defense.

The I-9 just says a receipt for the application, it doesn't say first application and knowing past experiences of advice given by the BCIS what Rob's congressman has been told may be open to argument.

John

Andy Platt

The problem is that "If employees are authorized to work" part. For most
people who need EADs they need it to give them that authorization not just
show that authorization exists so until you physically have the card you are
not authorized (or at least don't know you are authorized and it's in the
mail!).

Andy.

--
I'm not really here - it's just your warped imagination.

"PeteJ" <member@british_expats.com> wrote in message
news:[email protected]...
    > On the instructions page of the I-9 it states:
    > "If employees are aurthorized to work but are unable to present the
    > required documents within 3 business days they must present a reciept
    > for the application of the documents within 3 business days and the
    > actual documents within 90 days."
    > Does this mean that a BCIS reciept for my EAD from NSC in Missouri would
    > suffice for 90 days?
    > --
    > Posted via http://britishexpats.com

robclews

That’s a matter for each individual to choose, but a receipt is just that, a receipt of application, it does not guarantee issuance of an EAD. So until you receive the document, you are not authorized to work.

Rob

robclews

I went to great lengths when I spoke to my congressman to ensure that he clarified the conflict of information on this issue. I had two interpretations of this situation and was keen to resolve it.

It says on the notes for I-9

‘if employees are authorized to work but are unable to provide the required documents’

At this stage you are not authorized to work this stage until you get your EAD. However if you are renewing an EAD then you can claim that you were and as your situation has not changed you remain authorized, but at this stage that simply isn’t the case.

Rob

Gasherjohn

Which brings us back to the often discussed question of whether the authorisation to work under the K-1 expires when the holder marries.... another grey area

Why do they impose this paper trail upon us???

John

robclews

No but it expires when the temp EAD expires. I agree this area is prohibitive to those who want continuity of employment.

If you enter the country on day 1 obtain a temp EAD at POE, Marry the same afternoon while collecting your SS# on the way to the church. You can then submit your AOS after the ceremony and new EAD application, start work the next day, take a days vacation on day 91 to demand your late 1 year EAD and everything will be just fine.

I dont know what the hell everyone is complaining about.

Rob

PS all this is assuming you can walk in to submit your AOS and get a same day receipt, so its not too tough i guess.